Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Convention (n° 103) sur la protection de la maternité (révisée), 1952 - Pologne (Ratification: 1976)

Article 6 of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, that as a result of the amendment (by the Act of 7 April 1989) of section 177, paragraph 1, of the Labour Code, the termination of a woman worker's contract of employment without notice through her own fault during her pregnancy or maternity leave is now possible only if the works council has given its consent to such termination; in case the works council refuses its consent, the manager is no longer entitled to apply to the organisational unit above the establishment.

The Committee would like to draw the Government's attention once again to the fact that Article 6 of the Convention prohibits giving notice of dismissal in any circumstances to a women while absent from work on maternity leave or at such a time that the notice would expire during such absence.

The Committee can only reiterate its hope that the Government will take the necessary measures in order to bring the national legislation into full conformity with this provision of the Convention.